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Before You Do This · Intellectual Property
Who owns it, what permission you actually need, what a licence really allows, and why attribution is not a substitute for a right.
The situation: You want to use a name, logo, image, track, font or piece of writing you did not create
Most intellectual property problems in small businesses are not deliberate. They come from a genuine belief that crediting the source, or paying nothing, or using only a little, makes the use lawful.
The Copyright Act 2022 governs copyright in Nigeria, and trade mark rights are governed by the Trade Marks Act. Both operate on permission, not on attribution.
What the law is doing in this situation, and which instrument it sits under. These are general explanations, not an assessment of your circumstances.
Attribution is not permission
Naming the creator does not create a licence. Use requires a right - ownership, a licence, or a legally recognised exception - and credit is a separate question from that.
Copyright Act 2022
Brand use is about confusion
Trade mark concerns arise where use suggests a connection, endorsement or origin that does not exist. Using a competitor's mark to describe your own offering is where risk concentrates.
Trade Marks Act
Read the licence you actually have
Stock, font and music licences are scoped: commercial or not, digital or print, modified or unmodified, and for how long. Exceeding the scope is a breach even though you paid.
Freelancers may own what you commissioned
Absent a written assignment, the creator may retain rights in commissioned work. Logos, photography, code and copy should be assigned to the business in writing.
Copyright Act 2022
Found online means nothing about rights
Public availability is not permission. Search results, social platforms and image sites carry work under many different terms, and often none that permit commercial use.
Clear the brand before you build on it
A name that turns out to be unusable is far more expensive after signage, packaging and a customer base than before.
These are ordinary and usually well-intentioned. That is exactly why they are worth naming.
None of these is proof of bad faith on its own. Two or three together is a reason to slow down.
Work through these before you commit. They are educational prompts, not a compliance certification.
When to speak to a lawyer